P. v. Curiel CA5
In 2008, a jury convicted petitioner Juan Alonso Curiel with one count of first degree murder (Pen. Code, § 187, subd. (a); count 1), one count of shooting at an occupied motor vehicle (§ 246; count 2), and five counts of premeditated attempted murder (§§ 187, subd. (a), 189, 664; counts 3-7). On count 1, the jury found true the special circumstances that petitioner discharged a firearm from a motor vehicle with the intent to inflict death (§ 190.2, subd. (a)(21)) and that petitioner was an active participant in a criminal street gang and committed the murder with an intent to kill (§ 190.2, subd. (a)(22)). For the murder offense, the trial court sentenced petitioner to a term of life in prison without the possibility of parole. For the premeditated attempted murder offenses, the court imposed five concurrent terms of 25 years to life. (People v. Curiel (Aug. 11, 2009, F055935) [nonpub. opn.] (Curiel).)
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